Rahul Yadav And Others v. Ashutosh Bora And Another

CRM-M-53753-2021 (O&M) 232/2

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-53753-2021 (O&M) Decided on: 25.07.2022 Rahul Yadav and others

...Petitioners

Versus

Ashutosh Bora and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Rohit Chandel, Advocate for the petitioners. Mr. APS Deol, Sr. Advocate with Mr. H.S. Deol, Advocate for respondent No.1/accused. Mr. Rajat Gautam, DAG, Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 24.08.2021 Sector 50, 419, 420, 465, 468, 471 & Gurugram 120-B IPC 1.

Seeking cancellation of bail granted vide order dated 22.11.2021 in BA/3371-2021 of 2021 in the above captioned FIR by the learned Additional District and Sessions Judge, Gurugram, the complainant has come up before this court under Section 439(2) CrPC.

2.

Ld. Counsel for the complainant contends that the accused did not honour the memorandum of understanding and even cheated the complainant after getting relief and has also intimidated the complainant and other victims. 3.

Ld. Sr. Advocate appearing for the accused denied all allegations and stated that stringent conditions can be imposed and in case of any violation, the accused shall be liable to suffer and assure that they shall abide by all the terms and conditions of this order as well as the previous order, and undertakings made in bail application. REASONING:

4.

The grounds on which the complaint seeks cancellation of the bail are not legally sustainable because the violations of bail conditions are disputed. Furthermore, the accused through their counsel have assured to comply with the further conditions that ANJU RANI 2022.08.06 11:33 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH

CRM-M-53753-2021 (O&M) may be imposed by this court. Given this, the order vide which the accused got bail, is modified by inserting the following conditions: (a). Within ten days from today, the accused shall procure a smartphone and inform its IMEI number and other details to the SHO/I.O. of the Police station mentioned before. The accused shall always keep the phone location/GPS on the "ON" mode. Whenever the Investigating officer asks to share the location, the accused shall immediately do so. The accused shall neither clear the location history, WhatsApp chats, calls nor format the phone without permission of the concerned SHO/I.O. This condition shall continue till the completion of the trial or closure of case, whatever is earlier.

(b). Within ten days from today, the accused shall forward to the Investigator/SHO and the complainant/victim(s) the complete details of bank account numbers with addresses, fixed deposits, DEMAT account numbers, the current market value of jewellery, sovereign metals, all precious articles, held either individually or jointly, and cash-in-hand.

(c) The accused shall not influence browbeat, pressurize, make any inducement threat or promise, directly or indirectly to the witness, the police officials or any other person acquainted with the facts of the case, to dissuade them from disclosing such facts to the police, or the Court or to tamper with the evidence. (d) The accused shall surrender all weapons, firearms, ammunition, if any, along with the arm license to the concerned authority within 30 days from today and inform the Investigator about the compliance. However, subject to the Indian Arms Act, 1959, the accused shall be entitled to renew and take it back in case of acquittal in this case. Petition dismissed in aforesaid terms. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 25.07.2022 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2022.08.06 11:33 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH